I am opposed to ERO #025…

I am opposed to ERO #025-0730, “Proposed changes to provide flexibility for water taking activities.”

Summary

I believe that the proposed amendment to O. Reg. 387/04 (Water Taking and Transfer) made under the Ontario Water Resources Act (OWRA) is contrary to the public interest in in sustainable regulation of Ontario’s water resource, as it undermines public oversight, violates Indigenous rights.

Particularly concerning is that the proposed amendments:

• would apply to all types of water-taking permits — not just water bottling, but also aggregate operations, mining, exploration, industrial uses, and other commercial extractions, and

• can apply retroactively (including the resurrection of expired permits).

The proposed amendment will lead to unchecked water extraction by allowing permits to be transferred without scrutiny, consultation, or environmental review. It could lead to a system of perpetual permitting that sidesteps accountability and accelerates ecological harm.

I respectfully urge the government to not proceed with the proposed regulation. to reject the proposed changes to the permit to take water (PTTW) regulations.

Discussion

1. Expired Water-Taking Permits Must Not Become Transferable Assets

The proposed regulation appears unnecessary in respect to the transfer of existing permits, as s. 34(11) of O. Reg. 387/04 currently provides that a permit is transferable as long as the Director’s written consent is obtained.

This indicates that the proposed regulation is primarily aimed at the resurrection of expired PTTW by the holder of an expired PTTW or a transferee of an expired PTTW.

The proposed regulation would, in effect, become a right to take water that runs with the land – any subsequent owner, could make use of the ability to resurrect the existing PTTW without review of essential factors such as

• the intended use of the water
• possible impacts on ecosystems, wetlands, and drinking water supplies,
• the legitimacy and track record of the new operator, including the transferee’s environmental record and legal liabilities,
• the facility’s water usage patterns, processing methods, or technologies,
• the relevant hydrogeological data and scientific understanding of the sustainability of water taking, which evolve over time, and
• any opportunity for public engagement and transparency.

These are meaningful and important procedural safeguards, particularly in view of the fact that the proposed regulation does not limit the length of time during which an expired PTTW may be resurrected.

2. Indigenous Rights and Duty to Consult: Ontario is in Breach

The proposed regulation would bypass consultation requirements by allowing ownership-based permit transfers without a new application process, which would bypass Ontario’s legal duty to consult First Nations where their rights may be impacted — including decisions which concern water that fall under First Nations jurisdiction.

3. Climate Chaos and Groundwater Security

Automatic or unreviewed PTTW transfers, or resurrection of expired PTTWs, increase the risk of:

• unsustainable withdrawals,
• degradation of wetlands and freshwater ecosystems, and
• reduced agricultural resilience and drinking water availability.

This is a national water security issue. If expired PTTWs are allowed to be resurrected as of right, Canada’s freshwater resources could become locked into trade obligations under agreements like CUSMA, restricting future governments’ ability to protect or reclaim control over water.

4. Bottled Water Permit

The proposed regulation would also provide that a permit issued under the streamlined process for the purpose of producing bottled water is not a new permit subject to section 34.0.1(2) of the OWRA. With this change a municipal resolution would not be required before the permit is issued, as this permit would authorize the same amount of water taking from the same location as was authorized under the prior cancelled or expired permit.

Given that the proposed regulation does not limit the length of time during which an expired PTTW may be resurrected, a municipality may find that it has not influence on the resurrection of long expired PTTWs, despite changes to the public and environmental interest since the PTTW expired.

5. Overwhelming Public Opposition and Democratic Will

Water-taking decisions in Ontario have consistently drawn tens of thousands of public comments — the vast majority in opposition. Across the political spectrum, Ontarians have called for:

• stronger oversight of large-volume water use,
• phasing out water takings that serve private profit over public good,
• greater protections for groundwater in the face of ecological uncertainty, and
• consideration of cumulative impacts & place-based water availability in permitting.

The proposed regulatory change ignores this democratic will. It is not a minor adjustment - it is a fundamental restructuring of water governance that Ontario residents did not ask for and do not support.